Frequently Asked Questions About Employment Law
When you are treated unfairly or unlawfully at work, you may have countless questions running through your mind. Caskey & Holzman has fought on behalf of California workers since 1977, and continues to offer the strong representation necessary to uphold workers’ rights throughout the state. While we encourage you to schedule a free consultation at our Calabasas office to answer all of your unique and sensitive questions, below are the answers to some of the questions our lawyers hear most often.
Do I have a case? How do I know if my employer terminated me wrongfully?
Much of the evidence available for your claim may be circumstantial. If you recently reported an incident and were shortly fired thereafter, our attorneys will investigate to gather evidence that proves causation. Likewise, if you consistently receive positive performance reviews and you are terminated for reasons pertaining to poor performance, you may have been terminated for an unlawful reason.
What if my employer lies about why they fired me?
After decades of fighting workplace injustice, our attorneys know all the tactics employers use to hide their wrongdoing. By gathering witnesses, correspondences, performance reviews and other forms of evidence, we are often able to see through their lies and show that you were indeed terminated due to discrimination, retaliation or another unlawful reason.
What if I get fired for reporting sexual harassment?
This is not allowed under California or federal law, and if this occurs you will have just cause to take legal action against your employer. You should never be afraid to report an incident, and if you are the target of retaliation, do not be afraid to reach out to our firm immediately.
Am I guaranteed meal and break time?
Non-exempt employees in California are guaranteed a 30-minute meal for every five hours of work in a day. They also must receive a 10-minute break for every four hours they work. Your first meal break must be offered within the first five hours of work, and if you work for over 10 hours in a day, you are entitled to two meal breaks.
Employers often make their employees work through breaks, or may not allow them to take breaks at all. Similarly, they may misclassify employees as independent contractors so they don’t have to offer breaks. If you aren’t receiving meal or break time and believe you should be, reach out to us right away.
What’s the difference between an employee and an independent contractor?
California has specific restrictions as to who qualifies as an employee and who qualifies as an independent contractor. Employees are guaranteed benefits such as break time, overtime pay and more under state law, and employers may classify you as an independent contractor so they don’t have to pay you for these benefits. Learn more.